Luchkovskyi V. Actual marital relations in family law

The dissertation is devoted to the research of the concept, legal nature of the institute of actual marital relations and legal consequences arising in connection with the recognition of their existence by the participants of such relations and the court considering the case of establishing the fact of legal significance, formulating scientific conclusions improvement of family legislation of Ukraine on the subject of research. In the work on the basis of studying the achievements of family law doctrine the analysis of theoretical and legal bases of research of institute of actual marital relations in family law, their concepts, structure and legal nature is carried out; features of formation and development of the legislation operating on the Ukrainian lands concerning legal regulation of actual marital relations are revealed; the foreign experience of legal regulation of actual marital relations is investigated; the content of property legal consequences in actual marital relations is revealed, including the right of joint joint ownership of property acquired in actual marital relations, obtaining the right to withhold from another participant of actual marital relations, acquisition of other property rights established by current legislation; the legal consequences of being in a de facto marital relationship of a non-material nature are revealed; taking into account the achievements of legal doctrine, foreign experience and law enforcement practice, the need to highlight other legal consequences of being in an actual marital relationship is justified; proposals and recommendations of theoretical and practical nature on the improvement of current legislation in the context of the research topic are presented. The dissertation concludes that the participants of the actual marital relationship are equal in rights with the spouses in the registered marriage, including in the aspect of recognition of the presumption of common property acquired in the respective legal relations, except when the respective property is personal private property of one participant of the actual marital relationship; realization of property rights and obligations arising from this property; the necessity of equalization of spouses in a registered marriage and participants of actual marital relations in alimony and inheritance legal relations, as well as in the implementation of personal non-property rights is substantiated, in connection with which appropriate amendments to the Family and Civil Codes are proposed.